BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100022154 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).

2.  The applicant states:

   a.  he completed 98 percent of his enlistment;

   b.  while serving in the Army he became dependent on alcohol
and marijuana which led to his discharge by reason of alcohol drug rehabilitation failure;

   c.  he was command referred to out-patient treatment where he tested
positive for marijuana use;

   d.  because he suffered from acute alcohol withdrawals which led to his marijuana use for relief, he should have been diagnosed with "alcohol dependency" and provided medical intervention through an “in-patient” treatment program for detoxification; and

   e.  upon his discharge, he successfully completed alcohol rehabilitation 
treatment at the Veterans Administration in August 1984, and he is currently helping others with this problem.


3.  The applicant provides:

* Self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Resume
* Eight certificates

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military record shows he enlisted in the Regular Army on 3 July 1980.  He served in military occupational specialties 19E (Armor Crewman) and 19K (M1 Abrams Armor Crewman).

3.  On 16 November 1984, an Alcohol and Drug Control Officer (ADCO) provided the following information to the applicant's company commander:

   a.  The applicant was a command referral for alcohol and marijuana usage on 21 January 1982 at Fort Bliss, and enrolled in Track II of the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) on 26 January 1982.
   
   b.  The applicant continued the program until he was disenrolled as a rehabilitation success on 8 June 1983.
   
   c.  The applicant had another alcohol-related incident wherein he was drunk and disorderly, committed an assault consummated by battery, and resisted arrest on 24 June 1983; however, he was not referred to the ADAPCP.
   
   d.  On 25 January 1984, the applicant was command referred for a positive urinalysis (THC), screened on 26 January 1984, and placed in Track II of the ADAPCP on 27 January 1984.
   e.  Following a Rehabilitation Team Meeting with the applicant, his commander, first sergeant, and an ADAPCP official declared him a rehabilitation failure based on his continued alcohol abuse within the unit and his positive THC use.
   
4.  A complete copy of the facts and circumstances surrounding the applicant's discharge is not on file.  However, the available evidence shows that on 24 February 1984 the commander notified the applicant he was initiating action to discharge him from the Army under the provisions of Army Regulation 635-200, Chapter 9, for ADAPCP rehabilitation failure.  He indicated the reason for this action was attached; however, this attachment is not included in the applicants' military record.

5.  On 24 February 1984, the applicant acknowledged receipt of the notification regarding the separation action taken against him and indicated:

* he did not desire military legal counsel for consultation
* he would submit statements on his own behalf for consideration
* he desired medical treatment in a Veterans Administration center

6.  On 6 March 1984, the appropriate authority approved the recommendation for discharge and directed that the applicant be issued a General Discharge Certificate.

7.  Accordingly, on 21 March 1984, the applicant was discharged under honorable conditions.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant at that time confirms he was discharged under the provisions of chapter 9, Army Regulation 635-200 by reason of Drug Abuse - Rehabilitation Failure after completing a total of 3 years, 8 months, and 19 day of creditable active service.

8.  The applicant provides a copy of his résumé and certificates which show his post-service work experience, education, and his professional certifications that include but are not limited to the following positions:

* Certified Addictions Counselor
* National Certified Addiction Counselor
* Certified Alcohol Other Drugs of Abuse Counselor
* United States Department of Labor Certified Corrections Officer


9.  On 18 September 1985, after having carefully reviewed the applicant’s record and the issues he presented, the Army Discharge Review Board concluded the applicant’s discharge was proper and equitable, and voted to deny his request for an upgrade.

10.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.   Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse.  A member who has been referred to ADAPCP for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.  At the time of the applicant’s separation an honorable or general discharge was authorized.  An honorable discharge was required if restricted use information was used.

11.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits 
provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his discharge should be upgraded from a GD to an HD.

2.  The available evidence of record clearly show that the applicant was a rehabilitation failure and was discharged accordingly.

3.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

4.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

5.  Finally, the applicant’s post-service conduct, sobriety, and accomplishments have been excellent, as witnessed in the evidence he provides.  However, his misconduct while on active duty diminished the character of his service below that warranting a fully honorable discharge. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x_____  __x______  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  x _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100022154





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ABCMR Record of Proceedings (cont)                                         AR20100022154



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